South Carolina Attorney General Opinions

from June 07, 1935
Last Document: June 17, 2024



Cantidad de documentos en esta fuente: 6124

August 02, 2002

  • Opinion asking as to when the term of Office commences for the Chesterfield County Clerk of Court.

    • April 21, 2011

  • Opinion concerning the authority of the Director of the Department of Corrections to establish and revise the procedures and protocols concerning the management of lethal injection executions pursuant to S.C. Code Ann. § 24-3-530.

    • January 06, 2012

  • Opinion regarding the Policies and Procedures Manual for South Carolina State Constables (the “Manual”), which was updated on September 8, 2011, by the Constable Advisory Council (the “Council”) of the State Carolina Law Enforcement Division (“SLED”). Specifically, whether SLED has authority to require commissioned Group III constable to perform this additional service.

    • August 11, 1987

  • AGO 1987-192

    • July 07, 2005

  • Opinion regarding the county election commission for purposes of South Carolina Code 1-3-245.

    • March 12, 1990

  • Opinion concerning whether South Carolina law requires a provision in the municipal statute for indigents in regard to filing fee statute.

    • March 31, 2014

  • March 31, 2014 Opinion concerning whether State law requires that a referendum be held in order to change elections for the City of Georgetown from partisan to nonpartisan.

    • September 24, 1996

  • Opinion concerning the Freedom of Information Act, and asking “How soon does the law require a matter to be released to the public?”; “How much of an incident report has to be released?”; and “Can any matter in an incident report be withheld? If so, what matters specific matters can be withheld?”

    • May 28, 2002

  • Opinion noting that “pursuant to 4-10-300

    • March 24, 2006

  • Opinion asking the question: “Does the Executive Director of the Special Purpose District have to be an employee of the District or can he be appointed an independent contractor?”

    • July 07, 2010

  • Opinion concerning circumvention of the board’s decision and the legality thereof. Specifically, whether or not “it is correct and legal for other persons or entities to disregard a decision reached by the Appeals Board without pursuing proper channels before the Administrative Law Judge.”

    • April 27, 2006

  • Opinion concerning an employee contract the Mayor of Lake City (the “Mayor”) entered into with the City Administrator.

    • October 27, 1986

  • AGO 1986-43

    • April 11, 2006

  • Opinion regarding the ability to “pass a local vested rights ordinance with our own language.”

    • February 10, 2023

  • AGO 2499

    • December 28, 1995

  • Opinion inquiring as to whether the mayor of a town has the right to not administer the oath of office to a newly elected official because the individual has allegedly violated state laws and town ordinance.

    • June 12, 2009

  • Opinion as to the validity of Williamsburg County Ordinance No. 2000-02, as amended by Ordinance No. 2005-002 (the “Ordinance”). The Ordinance “ (a) it conflicts with the Emergency Medical Services Act of South Carolina (EMS Act) (Section 44-61-10 et seq.); (b) it is unreasonable restraint on trade; and (c) it violates a Medicare patient’s basic freedom of choice.”

    • December 14, 1999

  • Opinion inquiring whether a juvenile charged only with possession of a firearm on school property must be fingerprinted in accordance with the guidelines of § 20-7-8510.

    • September 13, 2004

  • Opinion asking whether provisions of newly-amended S.C. Code Ann. Section 56-5-5630 requires an additional search for the name and address of any owner or lienholder as set forth in Section 29-15-`0 before an article is sold for purposes of that provision.

    • November 14, 1989

  • Opinion concerning whether Richland County may impose a business license tax upon the holders of a Class E or F certificate that is issued such business by the Public Service Commission under the provisions of Section 58-23-510.

    • September 23, 2013

  • Opinion concerning whether the State Office of Victim Assistance (“SOVA”) has legal authority to offset or recover financial assistance from a victim if they are a passenger of a motor vehicle that has insurance and/or uninsured motorist coverage.

    • April 19, 1972

  • AGO 1975-272

    • January 11, 1973

  • AGO 1973-574

    • October 26, 1973

  • AGO 1973-432

    • May 30, 2008

  • Opinion asking this office to advise SLED of the offenses that would be categorized as Tier 3 offenses according to State law.

    • August 29, 2006

  • Opinion concerning amendments to an ordinance enacted by a referendum in Folly Beach. This referendum would create a new section in the Fire Prevention Code.

    • December 21, 1990

  • Opinion concerning whether motor vehicle taxes can be paid in installments, whether a payment plan be worked out that allows the car to be licensed before all the tax is paid, whether penalties accrue, and whether the property can be sold for nonpayment of tax.

    • December 31, 1997

  • Opinion clarifying S.C. Code Ann. Sec. [40-2-50(C)] of the Accountancy statute.

    • June 28, 2010

  • Opinion questioning whether a school district is required to report all suspected crimes to law enforcement and whether a school district has the authority to limit law enforcement in the investigation of crimes on school grounds.

    • October 16, 1974

  • AGO 1974-61

    • December 15, 2010

  • Opinion regarding Clemson University’s administration and/or Board of Trustees wants to phase out the Clemson Extension Service and, thereby, the Public Services Activities or (“PSA”). Specifically, whether Clemson University (hereinafter referred to as “Clemson”) could lose its land grant charter, including the benefits contained therein, and whether Clemson’s attempt to “move away from” the Extension Program violates the Smith-Lever Act.

    • June 28, 2004

  • Opinion referencing the problem of children riding gasoline and electric powered scooters in your area.

    • March 18, 1993

  • Opinion asking whether a public agency might allow an examination of their telephone bills, but is concerned that release of the records would be an invasion of privacy.

    • March 19, 1992

  • Opinion asking when and how coroners transporting dead bodies can get information on infectious diseases regarding a body for which they are responsible.

    • February 04, 1972

  • AGO 1972-76

    • December 07, 1994

  • Opinion concerning whether a dual office holding situation exists if a public member of the South Carolina Real Estate Appraisers Board simultaneously serves on the Horry County Council.

    • December 15, 2004

  • Opinion questioning whether Laurens County Council has the authority to amend Ordinance No. 147 of 1982, so as to change the nomination process and length of terms for Board members and to establish a Board of seven members, one each to be nominated from the seven single member districts in the County.

    • June 05, 2003

  • Opinion regarding the Highway Commission and the ability of its commissioner to serve more than one term.

    • June 07, 2004

  • Opinion “whether the requirements for mandatory retirement age of 72 years applies to associate probate judges such that an associate judge would be required to retire upon reaching 72.”

    • May 16, 2023

  • AGO 2511

    • September 22, 2010

  • Opinion questioning whether automated survey calls for political purposes that asks a question that requires that the recipient use the phone key pad to answer are legal.

    • March 05, 1986

  • AGO 1986-106

    • January 26, 1993

  • Opinion requesting clarification regarding a prior opinion of this Office date January 29, 1992 which commented in part on a jail’s obligation to accept a prisoner for detention where the prisoner is injured.

    • May 17, 1989

  • Opinion concerning whether Section 16-1-60 of the Code which defines “violent crimes” effectively repeals Section 16-23-10(c) of the Code which defines “crime of violence” when used in Article 1 of Chapter 23.

    • April 22, 2010

  • Opinion concerning Aiken County’s Local Option Sales Tax Referendum. Specifically, whether “the local government can include infrastructure improvements to the Cumbee Center, a center for domestically abused women, on the next ballot.”

    • January 08, 1991

  • Opinion concerning whether School district Two of Lexington County may make what appears to be a one-time financial contribution to the West metro Development Corporation.

    • January 24, 2006

  • Opinion regarding two petitions received by Colleton County Council (the “ Council”).

    • May 01, 1990

  • Opinion concerning whether South Carolina Code R7-11 and R7-55 (1976 as amended) impermissibly conflicts with Section 61-3-4401.

    • May 21, 1996

  • Opinion questioning whether Winthrop may pay faculty members on nine month contracts at the outset of the contract period and whether Winthrop may continue to permit faculty to enroll in up to six credit hours of classes per semester at a rate of $10 per credit hour.

    • February 11, 1985

  • AGO 1985-92